section: hr topic: civil service paid and unpaid time ......2020/06/23 · 1.6 “work-related...

SECTION: HR TOPIC: Civil Service Paid and Unpaid

Time June, 2020

ADMINISTRATIVE PRACTICES MANUAL

1

SUBJECT: Civil Service Rights, Restrictions and Paid and Unpaid Time

1. Definitions

1.1 “Benefit Time” means time granted to an employee for vacation, wellness, holiday orcompensatory time. In this policy “Benefit Time” excludes sick leave.

1.2 “Civil Service Activities” means activities set forth in the Civil Service Ordinance, Dane County Ordinance (“DCO”) Ch. 18, and work-related activities set forth in the Employee Benefit Handbook (“EBH”).

1.3 “Paid Time” means time spent on Work-Related Activities for which prior approval has been obtained as required.

1.4 “Unpaid Time” means activities that are not Work-Related Activities. These activities must be done on an employee’s personal time such as during a break, lunch, after work hours or using benefit time.

1.5 “Representational Activities” means only those activities for which an employee is paid to represent other employees in a Civil Service Activity.

1.6 “Work-Related Activities” means paid Civil Service Activities and those activities an employee does to fulfill their job description, including training and participation in Work-Related Associations. The term “Work-Related Activities” does not include Employee Group representational activities that are not also paid Civil Service Activities.

1.7 “Work-Related Associations” means bona fide professional organizations that relate to the profession for which the County employs an individual. The term does not include labor organizations or associations related to labor organizations.

2. Civil Service System

The County has an established civil service system (“CSS”) that is designed to ensure uniform treatment of employees subject to the system. The CSS is comprised of the Civil Service Ordinance, Chapter 18 of the DCO and the EBH. The CSS includes:

• The terms of the EBH and process for review of the EBH, including Meet and Confersessions;

• The disciplinary process and grievance system to review disputes;• Participation in the committees set forth in the EBH and other county-sponsored

committees.

Employees who are subject to the CSS are identified in DCO §§ 18.04(16) and 18.05. Generally speaking, CSS employees include all employees except elected officials, limited term


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employees and persons who work for the County under contract.

2.1. Rights and Restrictions

The CSS provides employees full access to voice their input. In order to ensure uniformity, the opportunities for paid time and use of resources defined by the standards in this policy need to be made available to all CSS Employees.

Further, county department heads and managers must strictly adhere to the established CSS when discussing the terms and conditions of employment with county employees. Communications and decision-making involving employees, including employee group representatives (“EGRs”) that occur outside of the established CSS processes violates the CSS and the fairness objectives it was designed to protect.

Therefore, county department heads and managers must use the following practices in order to: (a) Comply with the CSS: (b) ensure that system is and remains uniform; and (c) ensure countydepartment heads and managers do not violate the restrictions against collective bargaining:

2.1.1 Adhere consistently and exclusively to the EBH revision processes in DCO

§18.24 to consider any additions or changes to the EBH or the terms and

conditions of employment;

2.1.2 Adhere consistently and exclusively to the EBH grievance processes to

consider and resolve: (1) Interpretation or application of the EBH; (2) alleged

violation of the EBH; and (3) disciplinary and safety matters.

2.1.3 Utilize the EBH and other county-sponsored committee processes to engage

with employees on topics of interest to the broader workforce.

2.2 Acceptable Activity

The following are examples of acceptable activities under the CSS:

2.2.1 Employees and their representatives, including EGRs, may attend and be paid for attending disciplinary meetings and grievance hearings.

2.2.2 Employees and their representatives, including EGRs, may attend and be paid for attending Meet and Confer.

2.2.3 Employees and their representatives, including EGRs, may attend and be paid for attending established committee meetings in which they hold a seat or are asked to participate.

2.2.4 Individual employees may use the County email system to conduct Civil Service Activities with their EGR, such as communicating about grievances, so long as that use does not exceed the limitations of the County’s computer use policies. However, EGRs and other employees have no reasonable


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expectation of privacy when using the County email system.

2.2.5 Investigating or advocating for a reasonable accommodation under the American’s with Disabilities Act for the benefit of another employee is not allowed. The one exception is that, at the request of the affected employee, an EGR or other employee representative may receive any ADA-related notices and attend any meetings scheduled with the ADA Coordinator. These are paid time activities for the employee seeking the accommodation and unpaid time for employees serving as the representative.

2.3 Unacceptable Activity

The following are examples of unacceptable activities under the CSS:

2.3.1 Exclusive meetings or other communications between EGRs on county time

are prohibited because such meetings are not Work-Related Activities.

2.3.2 Routine and/or exclusive meetings or other communications between EGRs

and county heads and managers about the terms and conditions of

employment. Such meetings are not part of the Civil Service Activities. This

includes discussions about EBH interpretations or proposed changes,

disciplinary matters and topics addressed in committee processes.

2.3.3 Meetings or other communications with employees, including EGRs, about

issues governed by the grievance process outside those processes. The EBH

directs use of the grievance process for: (1) interpretation or application of the

EBH; (2) alleged violation of the EBH; and (3) disciplinary and safety matters.

(See EBH Topic: Grievance process.) The one exception is that managing

staff are at liberty and should attempt to resolve a particular issue by

communicating with the employee(s) directly affected in accordance with

EBH Topic: Open Communication. Management should not communicate

with EGRs unless and until a grievance is filed and the EGR is serving as a

representative in that process, and then only in the context of the appropriate

grievance step. To do otherwise undermines the grievance process and

amounts to the County giving represented employees a benefit it does not

also confer on unrepresented employees, i.e. favoritism.

2.3.4 Under Wisconsin State Statutes, if an employee objects to the adjudication of Worker’s Compensation benefits, or the wages, hours and/or working condition of a Worker’s Compensation light duty assignment, the employee’s exclusive remedy is with the Wisconsin Department of Workforce Development. Therefore, EGRs or other employee representatives are prohibited from investigating or advocating for an employee’s Worker’s Compensation claim on county time.


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2.3.5 EGRs may not use the county email system to conduct the business of their association. EGRs may not send mass mailings to members, including using distribution lists, among other activities.

2.3.6 EGRs may not have exclusive use of office space and may only use any county space for Employee Group association business on the same terms and rates such space is made available to the public. EGRs may not use county resources and/or county time to prepare Employee Group materials.

2.3.7 EGRs and/or EGR association members are not permitted to solicit membership to their Employee Group association on county time.

3. Paid Time Standards

3.1 Work-Related Activities

The EBH provides that the County will pay reasonable time for Work-Related Activities, which include paid Civil Service Activities. (See section 1, Definitions above and EBH Topic: Employee Group Representation and Work Related Association.) This policy sets forth uniform standards defining reasonable time for Civil Service Activities that will be paid, as well as a process for requesting use of such time.

3.2 Employee Group Representative Activities and Report of Unpaid Time

Time spent by EGRs on issues affecting their paying members may or may not constitute Paid Time. The time spent is Paid Time only if it is a paid Civil Service Activity. All other EGR activities are unpaid and must occur on personal time. These include but are not limited to an EGR responding to questions from their paying members and advocating on issues for the benefit of their members. Neither the EGR nor the member may discuss or work on issues raised by the member on county time. To avoid violating these restrictions, the following practices must be followed:

3.2.1 EGRs must discuss members’ questions outside of county time.

3.2.2 If a member makes an inquiry during county time, the EGR should redirect the member to the appropriate staff person or Department responsible for addressing the issue. For example, if the question is about FMLA, the EGR should direct the employee to Employee Relations.

3.2.3 If a member seeks the EGR’s input, the EGR and employee must schedule a time to discuss the issue when both the member and the EGR are on personal time, such as an unpaid break, lunch hour or before or after work hours.


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3.2.4 For any time spent during work hours on member inquiries or other EGR activities, the EGR(s) and all other employees involved must each follow the procedures of their respective Departments to elect use of benefit time for those activities, including reporting the time used on Exception Time Reports.

3.3 Approval Process for Paid Time

EGRs and other employees will be paid for approved time engaging in Civil Service Activities. Unless the work demands necessitate otherwise, a supervisor should not refuse a reasonable request to be absent from work duties to engage in the Civil Service Activities listed in section 3.4 below.

3.3.1 An employee cannot simply take absences from their work duties without supervisory approval. The employee, including EGRs, shall give as much notice as possible, but in no event shall the notice be less than five (5) working days. The time limit shall be waived when the activity is scheduled with less than five (5) days advance notice. For activities scheduled with less than five (5) days advance notice, the employee shall seek approval as soon as they are notified of the activity.

3.3.2 The EGR/employee must get approval from their direct-line supervisor for absences from their work duties that do not exceed the standard paid times set forth in this policy in the chart below. If the work-duties absence may exceed the standard paid time, the EGR/employee must get approval from both their direct-line supervisor and from the Human Resources Director in Employee Relations or their designee.

3.3.3 Supervisors are authorized to deny the EGR’s/employee’s absence based upon staffing, workload or other legitimate business reasons. Supervisors may also limit the number of employees who will be absent at any one time. Criteria that may be considered in assessing a request include but are not limited to:

the amount of time off requested the purposes for which it is sought the occasion for which it is sought (including frequency) the conditions, subject to which time is granted the effect on the employers’ business operations the extent of the employee’s need to take time off work in order to

participate effectively

3.3.4 If the EGR/employee fails to get the approvals needed prior to the absence or if the request is denied, all time spent in the activity shall be deducted from the EGR’s/employee’s pay as being activity outside the scope of employment.


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3.3.5 The EGR/employee shall report all civil service paid time and any unpaid time for which benefit time is claimed on the Exception Time Reports.

3.4 Paid Time Standards

STANDARD PAID TIME ALLOWANCES

No. Activity Time Paid

EBH Revision Process

1 Initiating proposed EBH revisions Unpaid

2 Review of proposed EBH revisions or EBH exceptions determined by the Director of Administration

Unpaid, except incidental review by affected employees

3 Attending meet and confer sessions on proposed EBH revisions scheduled for interested stakeholders by the County Executive or designee, by the Director of Administration or by Employee Relations

Paid time attending scheduled meetings and travel

4 Commenting on proposed EBH revisions Unpaid except time attending county-scheduled meetings

5 Participating in the independent consultant review process.

Paid time attending scheduled meetings, travel and 2 hours for preparation

Other Meet and Confer Activities

6 Participate in meet and confer meetings such as EBH revisions process and Labor Relations Meetings

Paid time attending scheduled meetings and travel.

Disciplinary Process

7 Investigate misconduct charges, including notice of administrative leave and schedule pre-disciplinary meeting

Paid affected employee and one representative 1 hour each

8 Pre-disciplinary meeting Paid affected employee and one representative time attending meeting and 30 minutes of caucus time each and paid travel time for one representative

9 Review Disciplinary Decision Paid affected employee and one representative 30 minutes each


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Grievance Process

10 Initiating a grievance including investigation and preparation of a grievance request.

Unpaid

11 Step 1 oral grievance to first line supervisor Paid affected employee and one representative for time of meeting attendance and paid travel time for one representative

12 Step 2 written grievance to department head Paid affected employee and one representative 1 hour each

13 Step 3 written grievance to Director of Administration Paid affected employee and one representative 1 hour each

14 Step 4 written request for impartial hearing before IHO

Paid affected employee and one representative 30 minutes each

15 Process to select the IHO Paid affected employee and one representative 30 minutes each

16 Preparation time for IHO hearing Paid affected employee and one representative – for estimated time approved by budget based on number of charges and witnesses

17 IHO Hearing Paid affected employee and one representative for time hearing is in session and 2 hours / hearing day

18 Post hearing briefs ordered by IHO Paid affected employee and one representative – 1 hour

19 Appeal of IHO Decision Paid affected employee and one representative - for estimated time approved by budget

Committee Participation

20 Committee meetings Paid committee members for time of meeting attendance and paid travel time

21 Committee-directed activities Paid committee members and employees asked to participate – estimated time approved by budget

Other Representational Activities

22 Job Placement and Job Change Activities See Attachment for specific


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[recruitment, alternative selection, seniority, eligibility list posting, bumping, job changes, layoffs, reemployment, reclassification, subcontracting, transfer of County functions]

activity number; Pay for paid activities will be for time spent in the activity.

23 Hours and Wages [work hours, overtime and comp time, salary]

See Attachment for specific activity number; Pay for paid activities will be for time spent in the activity.

24 Employee Accommodations [ADA accommodation notice and meetings, voluntary leave, donated leave, medical layoff, paid parental leave, retirement sick leave credit conversion, post-retirement medical reimbursement plan, EGR leave/conferences and conventions, retirement planning]

See Attachment for specific activity number; Pay for paid activities will be for time spent in the activity.

25 Employee Group Association Member Services Unpaid; See Attachment

Unpaid EGR Activities

26 Advocating on behalf of other employees outside the Civil Service Activities. Examples of such activities include an EGR questioning how a standard is interpreted for the benefit of another employee(s) outside the formal grievance process.

Unpaid

27 Separate from advocating, EGRs providing assistance to employee group members. For example, providing advice about topics such as an employee’s FMLA benefits or how overtime is calculated.

Unpaid

28 Other EGR Activities Unpaid

Other Representational Activities

No. Affected Employee Groups EBH Provisions

EBH Cite - Specific

Example Paid Unpaid Activity Group Interpretation

1 65, 705, 720, 1871, 2634 ADA Related Notice EG 65 p. 2 s. 2 X Courtesy

2 65, 705, 720, 1871, 2634 ADA Meetings EG 65 p. 2 s. 2 X Courtesy

3

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Bulletin Boards EG 65 p. 7 s. 1.a.3 x Courtesy

4

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades

Representative Receipt of

Coaching Note EG 65 p. 11 cc x Courtesy

Send EGRs Notice for

their members only

5

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Review of Personnel File

EG 65 p. 11 # 2 and

p. 60 Self Others

Employee

accommodation for

self/ Courtesy for

others

6

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Donated Leave EG 65 p. 20 X Courtesy

Send EGRs Notice for

their members only

7

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades

Definitions - trial period - Job

Change - Notice of deficiencies

during trial period EG 65 p. 14, s. 1.d X Courtesy

8

65, 705, 720, 1199, 1871, 2634,

Attorneys

Diversity and Equity

Committee EG 65 17 X Committee

Must include other

Interested Stakeholders

9 65, 705, 720, 1199, 1871, 2634

EGR Conferences and

Conventions EG 65 p. 22 X

Not a Civil Service

activity

Receipt of paid time is

not workable because

there is no comparable

benefit the County can

offer other Interested

Stakeholders.

10

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Existing Benefits EG 65 p. 24 N/A N/A

11 65 Airport and Zoo

Hours of Work / Schedule

Changes

EG 65 p. 38 s. 1.f.5 &

1.g.1 Self Others

Schedule changes for

self /Courtesy for

others

County will consult with

EGRs about schedule

changes affecting their

members only

12

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades

Participating in Selection of

Independent Consultant EG 65 p. 40 s. 1.c X Committee

Interpret to require a

committee process

13

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Layoffs - Notice EG 65 p. 46, s. 1.a Self Others

Job placement and

changes for

self/Courtesy for

others

14

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Layoffs - Bumping Meetings

General practice in

EBH; EG 65 p. 46, s.

1.a Self Others

Job placement and

changes for

self/Courtesy of for

others

15

65, 705, 720, 1199, 1871, 2634,

Trades Leave without Pay - Notice EG 65 p. 47, s. 1.a Self Others

Job placement and

changes for

self/Courtesy for

others

16

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Layoffs - LTE Notice Meeting EG 65 p. 50, s. 3.a Self Others

Job placement and

changes for

self/Courtesy for

others

17

65, 705, 720, 1199, 1871, 2634,

Trades

Leave of Absence/Medical

Layoff…/ Return from Medical

Leave - Bumping Meeting

General Practice not

in EBH; EG 65 p. 48,

s. 2. b.1 Self Others

Job placement and

changes for

self/Courtesy for

others

20 65

Overtime and Compensation-

time in grievance process

2nd/3rd shift employees EG 65 p. 59, s. 8 X Grievance

21 65

Overtime and Compensation -

Employee Group/management

meetings 2nd/3rd shift

employees EG 65, p. 59, s. 8 X Committee


committee process

22 EG 65 only Public Works Committee EG 65 p. 62 X Committee

23 65, 705, 720, 1871

Recruitment - postings on

bulletin boards EG 65, p. 63 s. 2.a X

Job placement and

changes

Must be interpreted to

include steward and

other employees.

Interpreted to require

stewards to post in the

building(s) in which they

work. Postings in other

buildings will be done by

employees working in

that building.

24

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades

Retirement meeting - election

of form of benefit EG 65, p. 69, s.3.e.2 Self Others

Employee

Accommodations

25

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades

Safety and Working Conditions

Committee EG 65, p. 72 X Committee

26

65, 705, 720, 1199, 1871, 2634,

Attorneys

Salary - notice of new job

classification EG 65, p. 73, s. 2.a X Courtesy

27

65, 705, 720, 1199, 1871, 2634,

Attorneys

Salary -new job classification -

grievance EG 65, p. 73, s. 2.a X Grievance

28

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Subcontracting - notice EG 65, p. 80, s. 1.b.1 X Courtesy

Must provide notice to

all employees for

uniformity

29

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Subcontracting - meeting EG 65, p. 80, s. 1.b.2 X Committee

Meeting/committee

needs to include

representatives from all

stakeholder groups or

engage with all affected

employees online and

invite written comments

30

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades

Subcontracting - use of DCO s.

18.24 to address impact EG 65, p. 80 s. 1.b.3 X

Job placement and

changes

Meeting/committee

needs to include






31 65, 705, 720, 1199, Attorneys Training EG 65, p 82 X Committee


committee process

32

65, 705, 720, 1871, 2634, Attorneys,

Trades

Transfer of County functions -

meet and confer on adverse

impacts EG 65, p 83, s1. a X Committee

Meeting/committee

needs to include






33

65, 705, 720, 1199, 1871, 2634,

Attorneys, Trades Voluntary Leave - notice EG65 p 96, s. 1.g X Courtesy

section: hr topic: civil service paid and unpaid time ......2020/06/23 · 1.6 “work-related...

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